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ACCESS REPORTS v. DEPARTMENT OF JUSTICE

No. 90-5044.

926 F.2d 1192 (1991)

ACCESS REPORTS v. DEPARTMENT OF JUSTICE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 1991.

Attorney(s) appearing for the Case

Nathan Dodell, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the brief, Washington, D.C., for appellant.

Harry A. Hammitt of the bar of the Supreme Court of Virginia, pro hac vice, Catlett, Va., by special leave of the Court, with whom Eric Glitzenstein was on the brief, Washington, D.C., for appellee.

Before MIKVA, Chief Judge, and WILLIAMS and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Once again this court is asked to define the scope of the "deliberative process" privilege contained in Exemption 5 of the Freedom of Information Act ("FOIA"). See 5 U.S.C. § 552(b)(5) (1988). Access Reports, a biweekly newsletter that features information on FOIA, seeks a copy of a single internal memorandum written by a staff attorney at the Department...

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